A BILL to amend and reenact §7-10-4 of the Code of West Virginia,
1931, as amended; and to amend and reenact §19-20-8 of said
code, all relating to prohibiting the euthanizing of animals
by means of a gas chamber; and setting forth an exception for
counties which operated a gas chamber as of the effective date
of this section.

Be it enacted by the Legislature of West Virginia:
That §7-10-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §19-20-8 of said code be amended
and reenacted, all to read as follows:

(a) Subject to the provisions of subsection (h) of this
section, a humane officer shall take possession of any animal,
including birds or wildlife in captivity, known or believed to be abandoned, neglected, deprived of necessary sustenance, shelter,
medical care or reasonable protection from fatal freezing or heat
exhaustion or cruelly treated or used as defined in sections
nineteen and nineteen-a, article eight, chapter sixty-one of this
code.
(b) The owner or persons in possession, if his or her identity
and residence are known, of any animal seized pursuant to
subsection (a) of this section shall be provided written notice of
the seizure, his or her liability for the cost and care of the
animal seized as provided in this section and the right to request
a hearing in writing before a magistrate in the county where the
animal was seized. The magistrate court shall schedule any hearing
requested within ten working days of the receipt of the request.
The failure of an owner or person in possession to request a
hearing within five working days of the seizure is prima facie
evidence of the abandonment of the animal. At the hearing, if
requested, the magistrate shall determine by a preponderance of the
evidence if the animal was abandoned, neglected or deprived of
necessary sustenance, shelter, medical care or reasonable
protection from fatal freezing or heat exhaustion or otherwise
treated or used cruelly as set forth in this section.
(c) (1) If a hearing is requested and the magistrate finds by
a preponderance of the evidence that the owner did abandon, neglect
or cruelly treat the animal, or if no hearing is requested and the
magistrate finds by a preponderance of the evidence, based upon the
affidavit of the humane officer, that the owner did abandon,
neglect or cruelly treat the animal, the magistrate shall enter an
order awarding custody of the animal to any humane officer for further disposition in accordance with reasonable practices for the
humane treatment of animals. After hearing the evidence, if the
magistrate is not convinced the animal was neglected or cruelly
treated, he or she may dismiss the action and order the animal be
returned to the owner. If the magistrate finds in favor of the
humane officer, the owner of the animal shall post a bond with the
court in an amount sufficient to provide for the reasonable costs
of care, medical treatment and provisions for the animal for at
least thirty days. The bond shall be filed with the court within
five days following the court's finding against the owner. At the
end of the time for which expenses are covered by the original bond
if the animal remains in the care of the humane officer and the
owner desires to prevent disposition of the animal by the humane
officer, the owner shall post an additional bond with the court
within five days of the expiration of the original bond. During
this period the humane officer is authorized to place the animal in
a safe private home or other safe private setting in lieu of
retaining the animal in an animal shelter. The person whose animal
is seized is liable for all costs of the care of the seized animal.
(2) If a bond has been posted in accordance with subdivision
(1) of this subsection, the custodial animal care agency may draw
from the bond the actual reasonable costs incurred by the agency in
providing care, medical treatment and provisions to the impounded
animal from the date of the initial impoundment to the date of the
final disposition of the animal.
(d) Any person whose animal is seized and against whom the
magistrate enters a finding pursuant to this section is liable
during any period it remains in the possession of the humane officer for the reasonable costs of care, medical treatment and
provisions for the animal not covered by the posting of the bond as
provided in subdivision (1), subsection (c) of this section. The
magistrate shall require the person liable for these costs to post
bond to provide for the maintenance of the seized animal. This
expense, if any, becomes a lien on the animal and must be
discharged before the animal is released to the owner. Upon
dismissal or withdrawal of the complaint, any unused portion of
posted bonds shall be returned to the owner. Upon a finding in
favor of the humane officer, all interest in the impounded animal
shall transfer to the humane officer for disposition in accordance
with reasonable practices for the humane treatment of animals. Any
additional expense above the value of the animal may be recovered
by the humane officer or custodial agency.
(e) After the humane officer takes possession of the animal
pursuant to a finding by a magistrate that the animal has been
abandoned, neglected or cruelly treated and a licensed veterinarian
determines that the animal should be humanely destroyed to end its
suffering, the veterinarian may order the animal to be humanely
destroyed and neither the humane officer, animal euthanasia
technician nor the veterinarian is subject to any civil or criminal
liability as a result of suchthe action.
(f) (1) The term "humanely destroyed" as used in this section
means:(1)(A) Humane euthanasia of an animal by hypodermic injection
by a licensed veterinarian or by an animal euthanasia technician
certified in accordance with the provisions of article ten-a,
chapter thirty of this code; or(2)(B) Any other humane euthanasia procedure approved by the
American Veterinary Medical Association, the Humane Society of the
United States or the American Humane Association.(2) The term "humanely destroyed" does not include euthanizing
an animal by means of a gas chamber: Provided, That any county
which has a gas chamber in operation as of the effective date of
this section may continue to operate the gas chamber subject to the
following: (1) The gas chamber shall be operated by an animal
euthanasia technician certified pursuant to article ten-a, chapter
thirty of this code; and (2) the gas chamber shall have been
manufactured and installed by a person who regularly manufactures
and installs gas chambers.
(g) In case of an emergency in which an animal cannot be
humanely destroyed in an expeditious manner, an animal may be
destroyed by shooting if:
(1) The shooting is performed by someone trained in the use of
firearms with a weapon and ammunition of suitable caliber and other
characteristics designed to produce instantaneous death by a single
shot; and
(2) Maximum precaution is taken to minimize the animal's
suffering and to protect other persons and animals.
(h) The provisions of this section do not apply to farm
livestock, as defined in subsection (d), section two, article
ten-b, chapter nineteen of this code; poultry, gaming fowl or
wildlife kept in private or licensed game farms if kept and
maintained according to usual and accepted standards of livestock;
poultry, gaming fowl, wildlife or game farm production and
management; nor to the humane use of animals or activities regulated under and in conformity with the provisions of 7 U. S. C.
§2131, et seq., and the regulations promulgated thereunder.

CHAPTER 19. AGRICULTURE.

ARTICLE 20. DOGS AND CATS.
§19-20-8. Impounding and disposition of dogs; costs and fees.
(a) All dogs and cats seized and impounded as provided in this
article, except dogs and cats taken into custody under section two
of this article, shall be kept housed and fed in the county dog
poundor municipal shelter for five days after notice of seizure
and impounding has been given or posted as required by this
article, at the expiration of which time all dogs and cats which
have not previously been redeemed by their owners as provided in
this article, shall be sold or humanely destroyed. No dog sold as
provided in this section may be discharged from the pound until the
dog has been registered and provided with a valid registration tag.
(b) (1) The term "humanely destroyed" as used in this section
means:(1)(A) Humane euthanasia of an animal by hypodermic injection
by a licensed veterinarian or by an animal euthanasia technician
certified in accordance with the provisions of article ten-a,
chapter thirty of this code; or(2)(B) Any other humane euthanasia procedure approved by the
American Veterinary Medical Association, the Humane Society of the
United States, or the American Humane Association.(2) The term "humanely destroyed" does not include euthanizing
a dog or cat by means of a gas chamber: Provided, That any county which has a gas chamber in operation as of the effective date of
this section may continue to operate the gas chamber subject to the
following: (1) The gas chamber shall be operated by an animal
euthanasia technician certified pursuant to article ten-a, chapter
thirty of this code; and (2) the gas chamber shall have been
manufactured and installed by a person who regularly manufactures
and installs gas chambers.
(c) In an emergency or in a situation in which a dog cannot be
humanely destroyed in an expeditious manner, a dog may be destroyed
by shooting if:
(1) The shooting is performed by someone trained in the use of
firearms with a weapon and ammunition of suitable caliber and other
characteristics designed to produce instantaneous death by a single
shot; and
(2) Maximum precaution is taken to minimize the dog's suffering
and to protect other persons and animals.
(d) The owner, keeper or harborer of any dog or cat seized and
impounded under the provisions of this article may, at any time
prior to the expiration of five days from the time that notice of
the seizure and impounding of the dog or cat has been given or
posted as required by this article, redeem the dog or cat by paying
to the dog warden or his or her authorized agent or deputy all of
the costs assessed against the dog or cat and, in the case of a dog,
by providing a valid certificate of registration and registration
tag for the dog.
(e) Reasonable costs and fees, in an amount to be determined,
from time to time, by the county commission, shall be assessed
against every dog or cat seized and impounded under the provisions of this article, except dogs taken into custody under section two
of this article. The cost shall be a valid claim in favor of the
county against the owner, keeper or harborer of any dog or cat
seized and impounded under the provisions of this article and not
redeemed or sold as provided in this section and the costs shall be
recovered by the sheriff in a civil action against the owner, keeper
or harborer.
(f) A record of all dogs or cats impounded, the disposition of
the dogs or cats and a statement of costs assessed against each dog
or cat shall be kept by the dog warden and a transcript thereof
shall be furnished to the sheriff quarterly.